A likelihood of confusion survey is a research tool used in trademark law to determine the likelihood that consumers will be confused between two similar trademarks. This survey is conducted by experts in market research, like Keegan & Donato Consulting, and is designed to gather data on consumer perceptions and attitudes towards the trademarks in question. The survey aims to provide evidence that supports or refutes claims of trademark infringement or unfair competition.
About Our Firm
Located just north of Manhattan in Rye, New York, Keegan & Donato Consulting has designed, executed, presented, and rebutted hundreds of surveys that have been admitted into evidence in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other venues.
Offering 30+ combined years of proven survey methodologies, deep operational awareness, and extensive industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits, and reports for plaintiffs or defendants to support their trademark infringement litigation.
About Confusion Surveys
A likelihood of confusion survey from Keegan & Donato Consulting is a valuable litigation tool because it addresses consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that certain brands at issue emanate from the same source or are somehow related.
By asking relevant consumers to respond to certain stimuli and recording their answers, it is possible to measure their attitudes and behaviors and understand how they perceive a contested mark.
This understanding of how consumers view the relationship between brands forms the basis of a likelihood of confusion analysis.
The survey typically involves presenting consumers with images or descriptions of the trademarks and asking them various questions, such as whether they believe the marks are likely to cause confusion in the marketplace, the source of the products or services associated with the trademarks, the similarity or dissimilarity between the marks, and whether they believe the marks are likely to cause confusion.
The survey is usually conducted among a representative sample of consumers who would be potential customers for the products or services related to the trademarks. Survey participants are often selected from a specific demographic or geographic group to reflect the target market for the trademarks. We carefully determine the sample size and composition to ensure the results are statistically significant and reliable.
Once the survey data is collected, our team of experts in market research and statistics analyzes the results, examining the responses and identifying any patterns or trends that indicate a likelihood of confusion between the trademarks. The survey results can then be used as evidence in legal proceedings to support or refute trademark infringement claims.
It is important to note that a likelihood of confusion survey is just one piece of evidence that may be considered in a trademark dispute. Other factors, such as the strength and distinctiveness of the marks, the similarity of the products or services, and the actual marketplace use of the marks, also play a role in determining whether there is a likelihood of confusion. Ultimately, it is up to a court or other legal authority to weigh all the evidence and make a final determination on whether trademark infringement has occurred.
Conclusion
Learn more about what comprises a likelihood of confusion survey. Experts like Keegan & Donato Consulting work within your budget to get the desired results. Our survey methodologies minimize bias, ensuring the results are statistically valid. Reach out to us at (914) 967-9421 to explore our services.